Constitutionality of Lactation Consultant Practice Act – Raffensperger v. Jackson, S23A0017, 2023 WL 3727742 (Ga. May 31, 2023)
Accordingly, we conclude that (even in the light most favorable to the Secretary) Plaintiffs have met their burden of showing that the Act in fact imposes significant burdens on them in providing lactation care and services for remuneration.
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In summary, the question is (at a minimum) whether the particular trade is peculiarly “infected with some quality that might render it dangerous to the morals, the health, the comfort[,] or the welfare of … the public.” Bramley, 187 Ga. at 836, 2 S.E.2d 647. Thus, it may well be true that regulations promoting quality care are desirable as a policy matter, but that is not a sufficient interest to justify an unreasonable burden on the ability to pursue a lawful occupation.
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Applying the above principles to the evidence presented below, we conclude that the Secretary’s proffered interest in the restrictions imposed by the Act— promoting access to quality care — is an insufficient basis upon which to authorize only IBCLCs to provide lactationcare and services for compensation given our consistent and definitive understanding of the scope of the due process right to practice one’s chosen profession free from unreasonable government restrictions.